New Day Estate Sales Online Sale Terms & Conditions:
Welcome to NewDayEstateSales.com (“Website”). Please read these Terms carefully before using our Website. By accessing, browsing, or using the Website, you agree to be bound by these Terms and any additional terms that may apply. These are the Terms and Conditions of Sale for this Online Personal Property Sale. These terms outline the relationship between You (“the Buyer”), and the Agent for the Client, New Day Estate Sales, known as (“The Online Sale Manager”).
If you want to place a bid or buy now, where applicable in this online sale, you must certify that you have read, and agreed to these Terms and Conditions. Please read these Terms and Conditions carefully! They contain important information about the Online Sale and your rights and responsibilities as a buyer.
By using the Website, you represent and warrant that you are at least 18 years old and have the legal capacity and authority to enter into a binding contract. If you are using the Website on behalf of an organization, you represent and warrant that you have the authority to bind the organization to these Terms.
Online Sale Registration
To participate in online estate sales or auction-style bidding on items, you must register for an account with the Website. During registration, you will be required to provide certain personal information, including your name, email address, and a valid credit card number . You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to maintain its accuracy.
Buyer’s Premium A 15% buyer’s premium is added to every purchase. Example: Should your winning bid add up to $100.00, you will be charged $115.00 plus sales tax, upon checkout.
Buyer’s Duty, Inspection You acknowledge that the Online Sale Manager may provide you with the opportunity to inspect the items being offered for sale in this sale. The Online Sale Manager strongly encourages you to attend the scheduled inspection for this sale, if any. In the event you are given an opportunity to inspect the items being offered for sale in this online sale, you acknowledge and agree that, by bidding on any item, you have had a fair opportunity to inspect the item, and that you are relying solely on, or that you have waived, the inspection to determine if you will make a bid, the item is suitable and or if you will complete the purchase.
Bidding and Buying
By placing a bid or purchasing an item through the Website, you agree to be bound by the specific terms and conditions related to that particular sale or auction. You acknowledge that you are responsible for paying the full bid amount, any applicable premiums, taxes, and shipping fees associated with your purchase. All sales are final, and no refunds or exchanges will be granted.
Bid With Care
Your failure if you waive the right to inspect or otherwise become fully informed about the item (s) offered for sale will not be grounds for a refusal to pay amounts due, nor for any claim against the Online Sale Manager. You acknowledge and agree that you may not withdraw or retract any bid or buy order made by you that has been acknowledged by Online Sale Manager or that has been submitted online through The Online Sale Manager’s e-Commerce site.
Notification Winning Buy Order : All winning bids are subject to certification by the Online Sale Manager in our sole discretion. If you place a bid, and your bid is determined to be the winning bid, you become obligated to pay for the item that you have won at the price equal to your bid. If you purchase single or multiple items, the Online Sale Manager will charge your credit card on file and then send you a Sales Receipt indicating payment received. Invoices are normally sent out by the end of the business day on which the sale is complete. In the event the Online Sale Manager cannot complete the charge to your credit card on file, you will be sent an e-mail with instructions.
Payment Winning Bid
In order for the Online Sale Manager to process your purchase, you must be registered and we must have a working Visa or MasterCard on file. Your credit card will be charged for the full winning bid amount, any applicable premiums, taxes, and shipping fees upon the conclusion of the auction or sale. By providing your credit card information during registration, you authorize us to charge your credit card for any such amounts. All deposits, bids, credits, and fees in this sale will be made and charged in United States Dollars.
Chargebacks Not Permitted: You agree that you will accept all charges placed on the credit card associated with your purchases, and you agree that you will not charge back any amount that the Online Sale Manager charges to your credit card. This provision applies to amounts charged for any items you won and or any fees or additional costs. Furthermore, you agree not to copy, or publicly display any content from the Online Sale Manager’s website without first obtaining written permission.
Photos and Representations
The Online Sale Manager posts item descriptions and photos for your convenience and will make every effort to ensure that the photos and representations posted accurately represent the items being offered in the online sale. In some cases a photo may include multiple items that are priced and sold separately and not as one item or lot, additionally, it is understood that you should rely on the description of an item over the photo as errors do occur occasionally and an item may be pictured incorrectly.
All Items Sold As-Is With No Warranty
All Online sale items are sold as is, where is, with no warranties or representations made by the Online Sale Manager or seller. The Online Sale Manager specifically disclaims any express or implied warranties including, but not limited to, condition, any warranty of merchantability or suitability for any particular purpose.
You are responsible for any shipping fees associated with your purchase. The Online Sale Manager will provide an estimated shipping cost during the checkout process. However, actual shipping costs may vary, and you will be responsible for paying any additional handling, packaging and shipping fees. For all items identified as eligible for shipping, please follow the specified instructions to arrange for shipping.
Default Non Payment
In the event you are the winning bidder and you fail to pay for any item (s) you have won you will be considered to be in default. After being notified and given the opportunity to complete the purchase you agree that the Online Sale Manager has the right to promptly resell any and all items in question.
Pick Up You are responsible for the safe and timely pick-up and removal of any items you may win on this Online Sale. Please do not bid if you are unable to safely pick up and remove your items during the removal times that have been scheduled. Unless an item is marked “eligible for shipping” the Online Sale Manager does not offer shipping services. No items will be held past the date and times published for removal/pick up for this sale. The Online Sale Manager is not obligated to issue you a refund if you are unable to pick up and safely remove your items during the published removal times.
Safe Removal of Items: You are responsible for the safe pick-up, removal, and transportation of your items. The pick-up, removal, and transportation of your items will be at your expense and at your own risk. You agree that you will be responsible for any damage that you may occur during any preview or removal period. In the event of any damage that you cause, the credit card associated with your online account may be charged for any expenses incurred and/or repairs necessary.
Receipt Required for Pick Up
Proper ID and a paid Sales receipt are required for pick up. Any agent you may send to pick up items on your behalf must have the paid sales receipt, ID and your authorization for the items to be released. You authorize the Online Sale Manager to release your items to anyone in possession of your Paid Sales Receipt. No item will be released to any person unless that person presents a Paid Sales Receipt with the item listed.
Abandoned Items: Any item not picked up during the published removal times will be considered abandoned. In the event items are not picked up, you will not receive any refund for any item that is considered abandoned. You will be charged a reasonable fee for the storage, removal, and/or disposal of any such item. If an item is considered abandoned and it is resold, you will not be entitled to any proceeds from the sale of any such abandoned item.
Disposal of Abandoned Items
The Online Sale Manager at it’s discretion has the right to resell, remove, dispose of of any abandoned item not paid for. Should you be the defaulting winning bidder you are responsible for any and all charges related to moving, handling, storage, transportation, legal and or collection expenses. Should the item be resold you agree to pay for any deficiencies between your purchase price and terms and the final resale amount.
By registering and placing a bid you give The Online Sale Manager the right to utilize video surveillance onsite during any online sale. You hereby grant to the Online Sale Manager the right to record your image, photograph, likeness, and voice for the purpose of security.
In the event of a dispute between you and another user or a third party related to your use of the Website or its services, you agree to resolve the dispute amicably and in good faith. If you are unable to resolve the dispute, you may contact us for assistance. However, we are not obligated to mediate or resolve any disputes.
Special Items Supplemental Terms
Additional Terms for Coins and Currency
The following additional terms apply specifically to the sale and purchase of coins and other currency (“Coins and Currency”) through the Website. Sales Tax Exemption, in accordance with the State of Virginia’s tax laws, Coins and Currency are not subject to sales tax when sold within the state. By using the Website, you acknowledge and agree that any Coins and Currency transactions completed within the State of Virginia will not be subject to sales tax.
Authenticity and Grading
While NewDayEstateSales.com strives to provide accurate information about the Coins and Currency listed for sale on the Website, we do not guarantee the authenticity, grade, or condition of any Coins and Currency. It is the responsibility of the buyer to verify the authenticity and grading of any Coins and Currency purchased through the Website. NewDayEstateSales.com disclaims all warranties, express or implied, regarding the authenticity, grade, or condition of any Coins and Currency listed for sale.
Return Policy for Coins and Currency
Given the unique nature of Coins and Currency, all sales of Coins and Currency are final, and no returns, refunds, or exchanges will be permitted. By placing a bid or purchasing Coins and Currency through the Website, you acknowledge and agree to this return policy.
By using the Website to purchase Coins and Currency, you agree to be bound by these additional terms, as well as the general Terms and Conditions.
Additional Terms for Firearms and Knives
The following additional terms apply specifically to the sale and purchase of firearms and knives (“Firearms and Knives”) through the Website.
Compliance with Laws
When purchasing Firearms and Knives through the Website, both the buyer and the seller are responsible for complying with all applicable federal, state, and local laws and regulations regarding the sale, transfer, possession, and shipping of Firearms and Knives. This includes, but is not limited to, the Gun Control Act of 1968, the National Firearms Act, the Brady Handgun Violence Prevention Act, and any state or local regulations in the State of Virginia or the state where the purchaser resides].
Background Checks and Transfers
In accordance with federal and state laws, the sale and transfer of firearms may require a background check and the involvement of a Federal Firearms Licensee (FFL) to facilitate the transfer. Buyers and sellers are responsible for identifying and complying with any such requirements in their respective states, as well as any fees associated with background checks and FFL transfers.
By using the Website to purchase Firearms and Knives, you represent and warrant that you are of legal age to purchase such items in your state of residence and that you are not otherwise prohibited from owning or possessing Firearms and Knives under any applicable laws or regulations.
Buyers and sellers are responsible for complying with any applicable shipping restrictions or requirements when shipping Firearms and Knives, including any requirements related to the shipping of firearms across state lines or the use of specific shipping carriers. NewDayEstateSales.com is not responsible for any shipping issues that may arise, including but not limited to, loss, damage, or confiscation of Firearms and Knives during shipping.
By using the Website to purchase Firearms and Knives, you agree to be bound by these additional terms, as well as the general Terms and Conditions.
Online Sale Changes
This Online Sale is subject to change without notice at the sole discretion of the Online Sale Manager. The Sale manager may make any changes at any time regarding the Online sale including but no limited to: scheduling, location, available individual and or lot items, pricing, reserves limits, closing date/time, inspection and removal times, cancellation, suspension of the sale it feels is needed to ensure a fair sale for all parties interested in participating in the sale.
Limitation of Liability
To the fullest extent permitted by Virginia law, in no event shall NewDayEstateSales.com, its affiliates, or their respective officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the Website or its services.
The Online Sale Manager’s liability, and the liability of the seller of the items in this online sale, will be limited to the refund of your purchase price. The Online Sale Manager shall not be liable for any amount in connection with the postponement or cancellation of this online sale, or the withdrawal of any item or lot from this online sale. In no event will the Online Sale Manager be liable for lost profits or any damages arising in connection with this online sale or any related sale or transaction. The Online Sale Manager assumes no Liability for any acts of third parties in relation to this online sale. This online sale is online-only, and the sale relies on devices, software, and programs that may malfunction without warning. You agree that the Online Sale Manager will not be liable for any error, loss or inconvenience that may be the result of such a malfunction. The Online Sale Manager will not have any liability relating to the malfunction of any Bidder software or equipment, or any failure to set any time mechanisms to the appropriate time.
You agree to indemnify, defend, and hold harmless NewDayEstateSales.com, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Website or its services.
Online sales are being conducted in the city of Virginia Beach, Virginia. These Terms and Conditions are entered into in Virginia Beach, Virginia, regardless of the physical location of the Bidder or Online Sale Manager. All items are offered for sale in Virginia Beach, Virginia, and will be sold in Virginia Beach, Virginia.
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions.
Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide reasonable notice prior to any new terms taking effect. By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.
Severability If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and NewDayEstateSales.com, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and NewDayEstateSales.com.
We may terminate or suspend your access to the Website and its services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to access and use the Website and its services will immediately cease.
If you have any questions or concerns regarding these Terms, please contact us using the contact information provided on the Website.
By using our Website and completing the registration, you acknowledge that you have read and completely understand these Terms and Conditions and agree to be bound by them.